Terms and Conditions for Trading in Digital Assets and Foreign Currency Conversions

These terms and conditions for trading in digital assets and foreign currency conversions (hereinafter the “Terms”) govern any trading-related activity and conversions of currencies carried out by the client (hereinafter the “Client”) with Aury Crypto Ltd. (hereinafter “Aury”) in connection with Digital Assets (as defined in the General Terms and Conditions, hereinafter the “GTC”) and foreign currencies (i.e. currencies other that Swiss Francs; hereinafter “Foreign Currencies”) and specify the handling and execution of such asset transactions. These Terms shall form an integral part of the relationship between the Client and Aury.

Art. 1 - Trading services

Aury offers to the Client trading services with respect to certain Digital Assets via a trading wallet (hereinafter the “Trading Wallet”) and the possibility to place orders for conversions into or trading with certain Foreign Currencies (hereinafter the “Trading Services”). The Trading Services shall be made available through Aury’s online banking services or other means as described in these Terms.

Art. 2 - General acknowledgement

The Client shall acknowledge and agree that:

i) Aury shall not be obliged to provide and does not guarantee the availability of prices for any Digital Asset;

ii) the available liquidity for the trading in Digital Assets as part of the Trading Services is dependent on the liquidity provided by the order execution channels available to Aury. Order execution channels may include, without limitation, third party liquidity providers and brokers, trading venues or counterparties, markets and trading venues operated by Aury;

iii) Aury may restrict the provision of Trading Services to selected Digital Assets and Foreign Currencies and shall not be obliged to offer Trading Services for all Digital Assets or Foreign Currencies, irrespective of whether such Digital Assets or Foreign Currencies are otherwise supported by Aury;

iv) the Client may not be able to receive or transfer Digital Assets on/from the Trading Wallet from/to a non-Aury wallet, unless specifically indicated otherwise by Aury.

Art. 3 - Trading prerequisites

In general, an existing relationship, a Trading Wallet and a Foreign Currencies account with Aury shall be a prerequisite for the Client to be able to use the Trading Services.

Not all Digital Assets under Aury custody are tradable Digital Assets with Aury. Client shall confirm with Aury that the Digital Asset in question is tradeable. Such confirmations may be revoked by Aury at any time without stating any reason and without providing any notice in advance to the Client. The Client shall acknowledge that Aury has no obligation and does not undertake to accept any specific Digital Assets in custody or enable any transfers of Digital Assets that the Client may wish to trade.

Orders may be executed if the available assets and/or funds on the Client’s relevant wallets and/or fiat currency accounts with Aury are sufficient for the trade. The available assets and/or funds are sufficient if the available balance of the Client in the relevant fiat currency account or the relevant Digital Asset wallet, or a post trade settlement limit (PTSL), if any, including after considering all related costs, is not exceeded. Aury, after receiving from the Client an order to purchase Digital Assets or trade with Foreign Currencies, shall be entitled to block the respective amount on the Client’s relevant account or wallet to execute the order and to settle the trade.

The Client may purchase or sell Digital Assets against Swiss Francs or certain Foreign Currencies, as indicated by Aury from time to time and by appropriate means. The Client shall acknowledge that the purchase and sale of Foreign Currencies on Saturdays and Sundays (and Swiss and Zurich public holidays) is not possible.

Art. 4 - Trading channels

Aury offers a variety of trading channels via which the Client may place orders and other instructions to Aury. These include, in particular, the trading platform accessible via Aury’s online services and API interfaces. In addition, Aury may provide for separately communicated voice trading or other channels such as e-mail, phone, and instant messaging services (hereinafter the “Voice Trading Channels”).

Aury may change the accepted trading channels from time to time and shall not be obliged to accept any order or instruction by the Client by any other communication channels not mentioned herein or communicated separately. Any order or instruction by such other communication channel shall be deemed as refused, unless explicitly accepted by Aury on a case-by-case basis and at Aury’s sole discretion.

Art. 5 - Aury trading as riskless principal

Unless expressly specified or agreed otherwise, Aury shall enter all transactions concerning Digital Assets or Foreign Currencies (e.g., in respect to pricing, order handling and execution) with the Client as riskless principal for the purpose of each trading or conversion order placed by the Client.

When trading as riskless principal towards the Client, Aury shall act as counterparty to the Client in the capacity of seller or buyer. In such capacity, Aury shall pass on to the Client i.a. the best available price negotiated and agreed in the identical transaction entered into by Aury with other counterparties on the market (i.e., including any spread and fees applied by such counterparties). Hence, unless specified or agreed otherwise, Aury does not act as agent, broker, intermediary or in another fiduciary role for or on behalf of the Client.

Art. 6 - Best execution

Aury shall provide a special “best execution” service for Digital Assets. In executing an order, Aury shall take all reasonable efforts to obtain the best possible result for the Client, considering criteria like price, costs, speed, likelihood of execution and settlement, size and nature of the order and/or any other considerations relevant to the execution of an order or any other scenario where the Client places legitimate reliance on Aury to protect the Client’s interests.

This special ”best execution” service may not apply where Aury transacts with the Client as counterparty on the basis of an own account risk price separately agreed with the Client.

In case the Digital Assets qualify as Traditional Assets (as defined in the GTC), art. 6 of the Terms and Conditions for Trading in Traditional Assets “Best execution” (as amended) may apply and prevail.

Art. 7 - Operating hours and service coverage

Aury shall determine and/or change the operating hours in connection with its Trading Services in its sole discretion without stating any reason. Operating hours are communicated to the Client in accordance with the GTC.

The Client shall acknowledge that while electronic Trading Services for Digital Assets are generally available 24/7 (excluding maintenance and downtimes), Voice Trading Channels and trading in tokenized assets on Aury’s organised trading facility shall only be available during Aury’s operating hours. As a result, services offered via Voice Trading Channels only (e.g., in connection with specific Digital Assets) may not be available outside of Aury’s operating hours.

Art. 8 - Availability of trading services

Certain external factors such as legal, regulatory, reputational, technical, market or currency-specific reasons, may be triggering situations making it necessary or appropriate for Aury, at its sole discretion and without limitation, to change prices, withdraw quoted prices of a trade, limit or cancel, without stating any reason, all or part of the Trading Services (including Foreign Currencies conversions or trading in Digital Assets), each of such action possibly leading to the cancellation of a specific trade or conversion.

All trading conditions or terms relating to a specific trade and any changes thereto shall be communicated to the Client in an appropriate form and at the appropriate time.

Art. 9 - Handling and execution of orders

The Client acknowledges Aury’s own discretion in accepting orders or instructions concerning such orders (e.g., changes of orders) and in providing the related Trading Services (e.g., providing quotes) in connection with Digital Assets and Foreign Currencies. Aury may therefore reject any orders placed by the Client.

Aury may, at its own discretion, determine that orders or instructions placed or given by the Client are vague, unclear or conflicting, or may be contrary to law or regulations. In such a situation, Aury may decide not to execute the relevant order or instruction until the respective situation has been resolved. Aury shall not be obliged to disclose the reasons leading to its respective decision.

The Client shall acknowledge and agree that the liquidity available for trading Digital Assets may vary at any time. Aury shall have no obligation to provide prices for any Digital Asset, in particular but without limitation, in situations of general market illiquidity, very high volatility, errors in third party data feeds and/or incorrect information supplied by third parties. Order entries for which no settlement has occurred yet may be cancelled by Aury at any time.

Internal trading conditions or rules (e.g., cut-off times, order types, settlement) or limitations (e.g., trading sizes) that may apply to the respective Trading Services, shall be determined and may be changed by Aury at any time and without giving any reason.

Any acceptance, cancellation, modification and correction of orders and instructions shall be confirmed by Aury. The Client may rely only on such confirmations made by Aury.

If the Client places several orders in a row, such orders shall be executed on a “first received first served” basis in the given sequence, subject to available or sufficient balances pursuant to art. 3 of the Terms.

The availability of any assets purchased in a trade may be limited until the relevant order is settled. Settlement of transactions in Digital Assets may take longer than the usual settlement times of regulated securities exchanges or other traditional trading facilities.

The Client shall acknowledge that Aury’s ability to settle any transaction may be dependent on and/or limited by the terms of the relevant Digital Assets, the computer code that determines the functioning of such Digital Assets (smart contract), the distributed ledger/blockchain and/or the type of transaction involved. Such limitations may entail temporary or permanent limitations on the transfer of or transactions involving certain Digital Assets, or additional requirements to comply with for the execution of such transfer or transaction.

Art. 10 - Market data and prices

The Client shall acknowledge that the prices provided by Aury, while considering market data from various data feeds, may differ from prices from other specific sources (including from prices quoted on exchanges). The Client shall acknowledge that the relevant price determined by Aury is the relevant price for a trade.

Aury shall continuously display prices to the Client, which are determined on a best effort basis. However, technical conditions such as the transfer rate of data networks or the quality of the Client’s connectivity to Aury, as well as rapid market fluctuations may lead to a change in the applicable price between the time an order is placed by the Client and the time an order is received or executed by Aury. In addition, certain circumstances may prevent Aury from displaying prices or affect the prices being displayed.

Art. 11 - Trading risks and special risks of trading in digital assets

Trading in Digital Assets is highly speculative, potentially involves exposure in partially or completely unregulated markets and products, is extremely volatile and may lead to a substantial or total loss of invested and traded assets.

When trading Digital Assets, slippage is a particular risk. Slippage stands for the difference between the expected price of a trade and the price at which the trade is actually executed. Slippage may occur at any time but is most prevalent during periods of high volatility, liquidity shortfalls or other exceptional market circumstances. Slippage may cause negative financial consequences for the Client.

The Client shall acknowledge that Digital Assets are generally traded 24/7. However, third parties such as crypto exchanges may halt trading based on specific circumstances such as forks in a relevant blockchain, which may eliminate or reduce liquidity for the affected Digital Asset.

The Client has received and acknowledged Aury’s Digital Asset Risk Disclosure.

Art. 12 - Fees and remuneration

The Trading Services and other related services shall be subject to trading, transaction and other fees, commissions and costs (hereinafter the “Fees”) according to and as provided for in the applicable Aury price list. Any deviating Fees agreed between Aury and the Client or other costs in accordance with the Client Contract remain reserved.

The Fees may be debited by Aury from any account or wallet of the Client.

Fees, respectively Aury’s price list, may be amended at any time upon a notification to the Client within a reasonable period of time in advance and by suitable means.

Art. 13 - Limitation of liability and indemnification

Aury’s liability is limited to direct loss or damage caused by Aury’s gross negligence or wilful breach of Aury’s contractual obligations or performance of its services. The limitation according to this section shall also apply to any direct loss or damage incurred as a result of, without limitation, (i) accessing Aury’s website or online  services including the usage of information provided and services offered thereon, (ii) the inability to access or use any information or services on Aury’s website or online  services, (iii) the unavailability of prices or other information concerning Digital Assets, (iv) malfunctions or errors on systems, of hard- or software of services provided by third parties, (v) non-, partial or late execution of transactions, (vi) hacking, theft, fraud, cyber-attacks or other events or (vii) force majeure events. Any liability of Aury for direct, indirect or consequential losses, including loss of profit, as well as any loss or damage due to events or actions outside of Aury’s sphere of influence, is excluded.

In case of any unusual events which may lead to potential loss or damage, such as unexplainable delays on the side of Aury or, inability to access the Aury website or the online services (e.g., due to technical problems), the Client must contact Aury without delay, for example by calling the Aury client services desk.

The Client shall agree and indemnify, defend, and hold harmless Aury and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against any and all claims, demands, actions, losses, damages, liabilities, costs, expenses and attorney’s fees which may be incurred as a result of or in connection with (i) the execution by Aury of any order received from the Client, (ii) any breach by the Client of any contractual obligation, covenant or representation or the Client’s negligence, fraud or wilful misconduct, (iii) the use by the Client of any of Aury’s services, (iv) the Client’s responsibilities or obligations under their contractual relationship with Aury (including these Terms) and/or (v) any infringement or violation by the Client of any laws or regulations, or of any rights of any other person or entity.

Art. 14 - Release from secrecy obligations

In addition to the Privacy Notice, the Client herewith agrees to extend the scope of the document “Release from Non-Disclosure” to all transactions in Digital Assets.

Therefore, the Client shall release Aury, its executive officers, employees and agents from any confidentiality obligations under the Swiss Data Protection Act and all other legal and contractual confidentiality obligations in connection with transactions in Digital Assets executed as part of the services.

Art. 15 - Severability

If at any time any provision of these Terms is or becomes illegal, invalid, or unenforceable in any respect under applicable law, neither the legality, validity or enforceability of the remaining provisions of these Terms will in any way be affected or impaired thereby.

Art. 16 - Amendments to these terms

Aury may amend these Terms at any time and the Client shall be notified about the modifications and/or amendments within a reasonable period in advance and by suitable means.

In the absence of any objection by the Client in writing within 30 days of the date of the notification, such modifications and/or amendments shall be deemed to be accepted by the Client and shall be effective and binding upon the Client and Aury.

Terms and Conditions for Trading in Digital Assets and Foreign Currency Conversions

These terms and conditions for trading in traditional assets (hereinafter the “Terms”) govern any trading-related activities carried out by the client (hereinafter the “Client”) with Aury Crypto Ltd. (hereinafter “Aury”) in connection with Traditional Assets (as defined in the General Terms and Conditions, hereinafter the “GTC”). These Terms shall form an integral part of the relationship between the Client and Aury.

Art. 1 - Description of services

Aury shall, by acting in its own name but for the account and at the risk of the Client, place, execute and settle the trading orders given by the Client for Traditional Assets. Unless otherwise agreed, Aury shall merely execute and/or transmit Client’s orders without providing any advice in this context.

Art. 2 - Supported asset classes

The following Traditional Asset classes are generally accepted by Aury for trading:

A. Cash equities and equity-related products:

In particular, traditional equity securities, as well as exchange-traded funds (ETF), exchange-traded structured products and similar products which do not necessarily need to be listed on an exchange.

B. Debt instruments (bonds and money-market instruments)

In particular, bonds, i.e. all types of interest-bearing bonds, including convertible bonds as well as money market instruments, e.g. all short-term products, such as e.g. treasury bills and commercial papers.

Aury may extend the supported Traditional Asset (classes) from time to time.

Aury shall offer the execution of orders on an agency basis for the Traditional Asset classes mentioned above. Aury shall treat all orders as a transaction on an agency basis, unless otherwise agreed and specified in relation to a particular trade.

Specific instructions in relation to the Client’s trade request or any part of it may prevent Aury from obtaining the best possible result for the execution in respect of the elements covered by the Client’s specific instructions.

Art. 3 - Market access

The development of the trading and distribution network shall be at the sole discretion of Aury. In particular, Aury shall make its own choice about the trading markets it serves and the type of access it provides (through direct membership at a stock exchange or broker networks) and about, to the extent applicable, the fund platform it uses (its own or that of third parties). Upon request of the Client, Aury shall assess if and on what conditions the Client can be granted access to selected markets, investment instruments or fund platforms of third parties.

Art. 4 - Placement of trading orders

In principle, any trading orders, amendments to or deletions (cancellations) of such trading orders shall be submitted to Aury by the Client through e-mail, by phone, or other agreed communication channels for Traditional Assets. Aury may change or extend the communication and submission channels for trading orders from time to time.

Client’s orders shall generally only be processed during Aury’s business hours.

In accordance with these Terms, Aury shall execute trading orders which are placed by persons who indicated a name set out on the list of authorised persons. The Client shall take the necessary organisational measures to ensure that only persons authorised to place orders place orders. The Client shall bear sole responsibility for any losses and damages caused to them, and/or Aury due to a missing, insufficient, or withdrawn authorisation of the person who placed the order. In particular, art. 8 “Execution of orders and other instructions” (as amended) of the GTC applies.

Art. 5 - Execution of trading orders

Trading orders shall be executed in accordance with the Client’s specific instructions, the GTC and any other internal policies, as applicable. In particular, Aury may, at its own discretion, reject Client’s order as it deems appropriate in order to comply with applicable laws, rules and (internal) regulations.

Trading orders shall be placed by the Client with Aury at the currency of trade and, if possible, settled by the latter in the same currency. If the settlement is not executed in the designated currency, currency exchange costs may be incurred by the Client. If and to the extent the Client gives specific instructions to Aury (e.g. with respect to the marketplace), Aury shall be entitled and obliged to act accordingly and shall be released to that extent from complying with the Best Execution (as defined below).

Art. 6 - Best execution

When executing Client’s orders, Aury shall be bound by the duty to provide best execution and aim to achieve the best possible result for the Client, if applicable by (Swiss) law (hereinafter “Best Execution”). For the purpose of Best Execution, in particular the following criteria shall be considered:

  • price of execution;
  • cost of execution;
  • speed of execution and settlement; and
  • likelihood of execution and

The relative importance of the individual criteria is determined based on commercial considerations, trading experience and available market information. There might be circumstances in which Aury may not be able to consider the price and the cost of the execution as primary criteria, e.g. in illiquid markets, where execution speed or likelihood of execution might become more important. In addition to the above criteria, Aury shall take into account other factors, such as:

  • size of the order;
  • nature of the order;
  • market conditions; and
  • any other consideration relating to the execution of the order.

The relevance of the factors may vary in particular depending on the type of instrument traded.

Art. 7 - Severability

If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the applicable law, rules and regulations neither the legality, validity or enforceability of the remaining provisions of these Terms shall in any way be affected or impaired thereby.

Art. 8 - Amendments to these terms

Aury may amend these Terms at any time and the Client shall be notified about the modifications and/or amendments within a reasonable period of time in advance and by suitable means.

In the absence of any objection by the Client in writing within 30 days of the date of notification, such modifications and/or amendments shall be deemed to be accepted by the Client and shall be effective and binding upon the Client and Aury.

Last updated: 28.06.2025